Category: France

Source: United Nations – Geneva

The Human Rights Committee today concluded its consideration of the fourth periodic report of Viet Nam on how it implements the provisions of the International Covenant on Civil and Political Rights.  Committee Experts commended steps Viet Nam had taken to strengthen its legal and institutional framework for human rights, and raised issues concerning discrimination in various areas of public life and reports of a repressive media landscape.

A Committee Expert praised the important steps Viet Nam had taken to strengthen its legal and institutional framework for human rights, saying they reflected a clear commitment to international cooperation and legal reform. They welcomed the recent decision to reduce the number of capital offenses from 18 to 10, a significant step toward limiting the scope of application of the death penalty.

However, Viet Nam lacked a law developing the principle of non-discrimination in areas such as employment, health, education, politics and justice, another Expert noted, asking for further information on the number of complaints of acts of discrimination.

The Committee also expressed concern about reports of a repressive media landscape in Viet Nam, where journalists, bloggers and human rights activists were often intimidated into silence.  One Expert asked for comments on allegations of targeted surveillance arbitrarily conducted on political activists, journalists, and human rights defenders.

Thanh Tịnh Nguyễn, Deputy Minister of Justice and head of the delegation, said Viet Nam had consistently devoted special attention, strong efforts, and firm commitment to promoting and ensuring the effective implementation of human rights and citizens’ rights, including civil and political rights.  Legal, administrative, and judicial reforms in Viet Nam, as well as law enforcement practices, were all anchored in a people-centred approach.

In the ensuing discussion, the delegation, in response to these questions and others, said human rights had been upheld and promoted in Viet Nam over the past forty years and the State’s legal system was sufficiently comprehensive to fully implement the Covenant.

The law was very comprehensive to prevent any discrimination in civil and personal life, the delegation said.  Everybody was equal before the law, including in the labour sector, where the law prohibited discrimination, including salary discrimination between men and women and against guest workers.  Discrimination was also forbidden in education.

The right of freedom of expression could not, the delegation said, be used to violate the rights of others or of organisations or harm social order.  The policy of Viet Nam safeguarded the freedom of expression and of the press, but needed to be in line with international law.  Viet Nam strictly dealt with efforts to defame the State and cause division among the different parts of society, in line with international agreements.

In concluding remarks, Mr. Nguyễn said the protection and promotion of human rights were the objective and result of a long struggle by many generations of Vietnamese people. Viet Nam worked to ensure the happiness of the people, which was the ultimate goal of its policies, and had worked to improve its legal system to ensure that people would be the beneficiaries of its policies.

Changrok Soh, Committee Chairperson, in concluding remarks, said the dialogue had addressed key elements of the implementation of the Covenant.  The adoption of certain institutional safeguards to combat discrimination and domestic violence was positive, but there were several remaining concerns requiring attention, including regarding severe restrictions on fundamental freedoms related to assembly, speech, and religion.  There were also credible allegations of torture and ill-treatment, and persistent challenges for vulnerable groups, he concluded.

The delegation of Viet Nam was made up of representatives of the Ministry of Justice; the Office of the Government; the Supreme People’s Procuracy; the Ministry of Public Security; the Ministry of Home Affairs; the Supreme People’s Court; the Ministry of Culture, Sport and Tourism; the Ministry of Ethnic Minorities and Religions; the Ministry of Foreign Affairs; and the Permanent Mission of Viet Nam to the United Nations Office at Geneva.

The Human Rights Committee’s one hundred and forty-fourth session is being held from 23 June to 17 July 2025.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 10 a.m., Thursday 10 July to hold an informal meeting with States.

Report

The Committee has before it the fourth periodic report of Viet Nam (CCPR/C/VNM/4).

Presentation of the Report

THANH TỊNH NGUYỄN, Deputy Minister of Justice and head of the delegation, said, guided by the principle of placing people at the centre — as both the goal and the driving force of development, Viet Nam had consistently devoted special attention, strong efforts, and firm commitment to promoting and ensuring the effective implementation of human rights and citizens’ rights, including civil and political rights.  Legal, administrative, and judicial reforms in Viet Nam, as well as law enforcement practices, were all anchored in a people-centred approach, whereby the people were regarded as the primary beneficiaries of the system.  These efforts aimed to implement effective measures to protect and ensure human rights and citizens’ rights in accordance with the law.  Immediately following the constructive dialogue with the Committee in 2019, the Government of Viet Nam adopted a national action plan to implement the Covenant and the Committee’s recommendations, with the aim of clearly identifying areas in need of improvement and undertaking necessary institutional and practical measures to ensure substantive progress.

With regard to institutional and legal reform, since the submission of the fourth national report, Viet Nam had amended, supplemented, or enacted over 150 laws and resolutions of the National Assembly, many of which were directly related to the lives of the people and aimed at advancing civil and political rights.  Most recently, Viet Nam adopted the amended Criminal Code, which narrowed the scope of application of the death penalty by abolishing capital punishment for eight offences, and had recently adopted Resolution 66 on reforming the legislative process.  Viet Nam was also vigorously advancing a comprehensive reform of the State administrative apparatus.

Viet Nam had undertaken a range of measures to enhance transparency, openness, and efficiency in the implementation of laws and policies.  Human rights education had been integrated into the national curriculum.  Viet Nam had issued and effectively implemented a range of policies that directly promoted and protected civil and political rights.  In the area of social security policy, Viet Nam remained firmly committed to ensuring social welfare, public safety, and the well-being of its people, under the guiding principle of “leaving no one behind.”  Viet Nam had also taken proactive measures to respond to climate change and to support the people in the context of disaster relief efforts. It had further placed strong emphasis on investing in infrastructure and enabling conditions to ensure public access to information, and was currently recognised as one of the countries with the most affordable internet access.  Rapid developments had significantly contributed to the realisation of the rights to freedom of the press, freedom of expression, and access to information.

In the process of ensuring, protecting, and promoting the realisation of human rights, Viet Nam continued to face various difficulties and challenges arising from multiple factors that affect the implementation of the Covenant. These included limited resources; instances where the enforcement of laws had not met expectations; and the growing impact of global issues and non-traditional security threats in the context of Viet Nam’s  international integration.

Viet Nam was in the process of building and perfecting a socialist rule-of-law State for the people, in order to build a high-quality legal system that effectively ensured and protected human rights and citizens’ rights, in a manner consistent with national realities and international standards.  In this process, Viet Nam would continue to seriously fulfil its international human rights commitments, and further promote dialogue and cooperation in this important area.  At the same time, Viet Nam would implement comprehensive measures to better promote, protect, and ensure the enjoyment of civil and political rights, and to improve resilience to climate change — particularly for vulnerable groups — through appropriate steps in the time to come.

Questions by Committee Experts

A Committee Expert said the Committee acknowledged the important steps Viet Nam had taken to strengthen its legal and institutional framework for human rights.  These developments reflected a clear commitment to international cooperation and legal reform.  The Committee commended Viet Nam for its recent decision to reduce the number of capital offenses from 18 to 10, which marked a significant step toward limiting the scope of application of the death penalty.

Given reports that Directive 24 broadly defined international integration as a national security threat, leading to systemic restrictions on freedoms of expression, association, and movement, how did Viet Nam reconcile this directive with the Covenant’s articles 19, 21, and 22, an Expert asked.  Regarding disaster response and recovery efforts, as well as campaigns to eliminate temporary housing, the report did not address the adoption of a precautionary approach or specific measures to protect the most vulnerable from the negative impacts of climate change and natural disasters, and the Expert asked what specific measures Viet Nam had adopted to implement a precautionary approach to environmental and climate risks, and how vulnerable groups were identified and protected in these policies.

Regarding the death penalty, an Expert asked about the criteria used to select offences to be removed from the scope of the death penalty; the reasons that led Viet Nam to stop short of full abolition; and considerations that had prevented the country from following the path toward complete abolition of the death penalty.  What measures were in place to ensure full respect for due process guarantees in death penalty cases, and to prevent the imposition of the death penalty as a result of forced confessions?  On enforced disappearances, the Expert asked whether Vietnamese law defined and criminalised all acts of enforced disappearance in accordance with international standards, and about measures in place to ensure prompt, thorough, and impartial investigations into allegations of enforced disappearance and transnational repression.

Another Expert asked for an update on progress made towards the establishment of the national human rights institution, and for more detailed and concrete information on the status of the legislative review and the reasons for the continued delays in establishing the body.  What measures did the State party plan to take to ensure that all allegations of torture and ill-treatment, solitary confinement, incommunicado detention and forced commitment to psychiatric facilities were promptly and thoroughly investigated by an independent body and that perpetrators were prosecuted and sanctioned with appropriate penalties, and to investigate all reported instances of deaths of prisoners while detained?  What measures would the State party take to ensure that national legislation protecting the rights of detainees was implemented in practice, in particular the right to medical care?

An Expert commended the State party for its continued efforts to combat corruption, but noted that further efforts were needed to strengthen anti-corruption initiatives.  He expressed particular concern relating to allegations of corruption involving high-level public officials, judges, prosecutors, and law enforcement officers, and asked for information on any actions taken in response to such cases.  He noted reports indicating persistent concerns that the enforcement of anti-corruption laws was perceived as selective and politically driven.  The Expert asked for further details on the mandates, composition, appointment procedures, and safeguards in place to ensure the independence of the three types of agencies involved in anti-corruption efforts.  He also asked whether the draft Law on the State of Emergency was fully compatible with article four of the Covenant, including its substantive and procedural requirements.

Viet Nam lacked a law developing the principle of non-discrimination in areas such as employment, health, education, politics and justice, an Expert noted, asking for further information on the number of complaints of acts of discrimination, and on investigations, sanctions and reparations for victims; about employees with disabilities in the public and private sectors; and on the existence of other protection mechanisms.  Regarding women’s rights, the Expert asked about progress that had been made over the last ten years, including regarding non-discrimination on the basis of sexual orientation and gender, noting that women’s rights had been violated by these forms of discrimination.  Was the State going to work towards the legalisation of same-sex marriage or civil partnership?  Had measures been taken to address the issue of stigmatisation, harassment, violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons?

An Expert expressed concern for the realities of Khmer Krom women, who were highly vulnerable to various human rights violations due to their gender, facing a high risk of systematic inequalities and abuse.  Other areas of concern included the wide salary gap between men and women, as well as continuing differentiation of retirement ages between men and women, the participation of women in political life, and that there still needed to be evidence of a minimum degree of physical injury for an act to be legally recognised as rape.  In view of these, the Expert asked what measures had been taken to increase women’s participation, specifically ethnic minority women and women in rural areas, in all private and public sectors, as well as high-level decision-making positions and political life.

The Expert also expressed concern about the situation of drug users confined to drug rehabilitation centres, asking for more information on measures taken to ensure that all legislation concerning drug detoxification and rehabilitation centres, particularly the provisions retaining compulsory drug treatment, including for children between 12 and 18, were in line with the Covenant.

Responses by the Delegation

The delegation said human rights had been upheld and promoted in Viet Nam over the past forty years and its legal system was sufficiently comprehensive to fully implement the Covenant.  There was a separate chapter in the Constitution on human rights that was in line with the Covenant.  Human rights could only be suspended for reasons of national security, public safety, and public health.  Only the National Assembly could suspend human rights, in line with the Constitution. As part of the law-making process in Viet Nam, there needed to be a consultation with stakeholders, including those affected by the law.  Human rights topics were now included in the national educational curriculum.  The State conducted many campaigns on human rights, and information on human rights was translated into various national minority languages and made available, including online.  Viet Nam had adopted various national measures to ensure national security and the safe and productive life of its people.

Viet Nam was implementing the Covenant in various ways, including through its law and education.  According to the law, the Covenant needed to be prioritised if there were differences between it and the law.  If any discrepancies were identified, the Covenant took precedence.  There were training courses for judges and lawyers and other legal professionals on the provisions of the Covenant.

Viet Nam was one of the countries seriously affected by climate change, which caused many socio-economic challenges.  The Government attached great importance to those whose rights had been affected by the phenomenon, and ensured that sustainable and green development and the climate change strategy of Viet Nam were prioritised in all policies.  Many important activities had been adopted for ethnic minorities, including access to adequate, clean water, and the development of a medical network that focused on climate change-related diseases.  The Government had also developed a plan to review infrastructure in climate change-prone areas, including water infrastructure.  The climate change strategy had many implications on the enjoyment of the human rights of the people.  Viet Nam promoted international cooperation to ensure that all could fight climate change issues, whilst cooperating with all international agencies.

On discrimination against the lesbian, gay, bisexual, transgender and intersex community, anti-discrimination was a part of the legal framework, and over the past years Viet Nam had taken many steps to better protect the members of the community, to ensure that none would be discriminated against on the basis of their gender or sexual identity.  The provision in the law criminalising same-sex marriage had been removed more than 10 years ago, although there was no law legalising same-sex marriage.  The new Criminal Code, since 2015, contained provisions regarding sexual offences which protected lesbian, gay, bisexual, transgender and intersex persons.  In 2022, the Ministry of Health introduced a guideline giving direction to local authorities, which ensured that these persons could not be subject to discrimination. On oversight of activities in the medical sector, so far, no complaints had been received, meaning that there were no violations of the guidelines.  Lesbian, gay, bisexual, transgender and intersex persons had access to services to support them, and could change their legal identity, ensuring that they were not discriminated against.

On anti-corruption efforts, Viet Nam had implemented many activities aiming to perfect the legal framework, including the adoption of the Anti-Corruption Law within the Criminal Code and related preventive measures.  It had also strengthened its monitoring activities, streamlined the administrative apparatus to better support the functions of the State, and was working to enhance efficiency.  Anti-corruption courses were available for legal practitioners, including at the local level.  Capacity building was one of the strongest commitments made by the Government.  There were specialised agencies working to prevent corruption, including a department on police in the Ministry of Security, and a department specialised on investigations and prosecutions of corruption cases within the Ministry of Justice.  Viet Nam had made significant efforts over the last few years to combat corruption and had recently made significant achievements, which it would strive to continue.

The law was very comprehensive to prevent any discrimination in civil and personal life.  Everybody was equal before the law, including in the labour sector, where the law prohibited discrimination, including salary discrimination between men and women and against guest workers.  Discrimination was also forbidden in education.  The law provided a significant number of sanctions to reduce gender inequality.  Efforts had been strengthened to ensure the equal representation of women in political life — women were provided with more opportunities for leadership positions and were given training to gain the necessary skills to participate in political life.  There was an action plan in the Ministry of Labour to ensure equal access of men and women to business, investment capital, and health services.  The gap between retirement age between men and women was being reviewed by the Government; the current discrepancy was not discriminatory but reflected the situation of the population.  Many different policies and programmes were being implemented for persons with disabilities, including those providing employment opportunities.

On the establishment of the national human rights institution, much work had been done in this regard.  This was an important long-term goal that required serious consideration to ensure that the institution would be in line with international commitments and Viet Nam’s needs and specificities.  There were currently other mechanisms in place, including the equivalent of an Ombudsman, and a National Committee on Women and Children, which fulfilled the same role, promoting the rights of the people of Viet Nam.  Viet Nam was still reviewing the situation in order to be able to establish a model national human rights institution.

According to Vietnamese law, prisoners had the right to access medical care, including medical check-ups and access to hospital services for regular treatment if their care could not be provided in the prison.  On transfers to psychiatric facilities, if a person showed any signs of psychiatric illness, they would be sent for forensic examination, and if the examination indicated it was required, they would be transferred to psychiatric facilities, where they were entitled to medical treatment.

Human rights, including the right to life, could only be restricted in certain circumstances provided for in the Constitution.  Depriving others of their right to life was a criminal affair which needed to be prosecuted.  Viet Nam implemented various measures recommended by international bodies during the COVID-19 pandemic to lower the rate of transmission in accordance with the law, on the basis of public health and in order to safeguard the health of the people. There was a free vaccination campaign, with no discrimination.  At the end of the pandemic, Viet Nam brought the restrictions to an end.

Juveniles were not subject to the death penalty, the delegation said, and Viet Nam was getting closer to international standards, moving forward to a phase in which it would review the Criminal Code.  It also had a road map to move forward in making it ever more difficult to condemn a person to death.  Work had also been done to ensure that there was no overlap with torture in the application of the death penalty.  There was an oversight mechanism and strong and stringent sanctions to be applied to the perpetrators of torture.

One law included specific regulation of detention conditions, including the minimum space per detainee, access to food and drinkable water, and women-specific products.  All prisoners were entitled to medical support and treatment.  There was compulsory drug rehabilitation and detoxification, aiming to help persons end their addiction.  There was a strict procedure for this, which included a passage in front of a court.

Follow-Up Questions by Committee Experts

A Committee Expert said the situation of women still raised questions.  Misconceptions about sexual violence, the wish to preserve the harmony of the family, mediation according to the law of 2022, and the fear of rehabilitation were all obstacles before women, making them reluctant to report acts of violence committed against them in different spheres, including domestic violence and harassment in the workplace.  The legal definition of rape remained of concern to the Committee.  What were the activities carried out under the national communication programme on gender equality and the National Strategy on Gender Equality?  What measures were taken to identify the factors that prevented women victims from reporting abuse, and to align the legal definition of rape with the Covenant and other international standards?  What remedies had been offered to victims and what was the number of cases that had been referred to alternative dispute resolution processes?

Another Expert asked about the oversight mechanisms that existed to examine cases of torture and their findings.  Had there been any cases of torture, and if there were any, had the perpetrators been prosecuted?  One Expert said the results of corruption investigations could vary depending on who initiated and drove the process.  In certain cases, political manoeuvring could influence investigations; statistical data would help clarify the nature of the cases.  Viet Nam had not submitted any notification under article four, paragraph three of the Covenant — did this mean it did not consider itself to ever have been under a situation of public emergency?

Another Expert raised the issue of a comprehensive law on non-discrimination and the potential detention of lesbian, gay, bisexual, transgender and intersex persons in separate facilities apart from the general population, asking if this was being done according to human rights principles.  According to the Adoption Law of 2010, adoption could only be done by people with opposite-sex partners, or by a single person.  The Expert asked about the extent to which a homosexual person could adopt.  On discrimination against persons with disabilities in the world of work, he asked for specific, concrete data regarding the number of persons employed under programmes to end discrimination in the labour market.

An Expert asked whether there was a legal procedure that enabled individuals sentenced to death to seek a review of their convictions based on newly discovered evidence of their innocence, and what remedies were provided for persons who were shown to have been wrongly convicted?  Again on the death penalty, another Expert asked how many executions had taken place, and how many persons were on death row?  Was there an offence related to kidnapping for financial gain, as this could be assimilated to enforced disappearance?

In Viet Nam, the international human rights treaties did hold precedence, and nothing stopped the courts from applying them.  Why, to date, had no court invoked the Covenant with regard to the rights and provisions enshrined within it?

Regarding the plan of action against climate change, the Expert was pleased to recognise that minorities in occupied territories who were particularly vulnerable to climate change were included; he asked whether these minorities were consulted during the drafting of the plans and whether they were respecting traditional farming methods and techniques?

Responses by the Delegation

The delegation said the law of Viet Nam mentioned the hierarchy of international legislation and domestic law; priority was given to the international commitments and agreements.  The definition of rape in the Criminal Code was divided into two categories, including one for those over 13 and one for those under 13, for whom the law did not require any evidence of force or circumstances such as alcoholic consumption to elicit sexual activities.  The law did not distinguish between married and unmarried rape.

On domestic violence, the delegation said even though much effort had been made to combat this violence, the detection and handling of such cases had not yet been satisfactory.  The Government had issued a decree on domestic violence.  Data would be provided more comprehensively later. There were opportunities for the victim to express themselves.  There were also local supportive networks for the victims of violence, and there were psychological and medical services provided for such victims.  There were media and communication events held on domestic violence, and campaigns to raise awareness, providing information for victims so that they would be more willing to raise their voice.

Regarding torture and the death penalty, there were eight crimes which could be punished by the penalty, including treason, murder, rape, terrorism, crimes against humanity, crimes of war, illegal production of narcotics, and drug trafficking. Keeping the data regarding executions private was often due to national security and defence reasons, and also for the protection of the privacy of the family and victims of the perpetrator.  There was a procedure for review of judgements — at any point, a complaint could be made and an appeal made on the basis of wrongful conviction.  In the case of a wrongful conviction, there was a law on State compensation.  If there was any violation or wrongful conviction identified, then the State would provide compensation, including a public apology.  The law was very comprehensive when it came to illegal detention of others.  There was a hierarchy of oversight mechanisms which applied to cases of torture.

Regarding detention, Viet Nam did not use the method of transferring prisoners away from their residential addresses as a punishment.  Prisoners were kept close to their families.  Pregnant women, foreigners and juveniles were given particular consideration.  However, very violent or dangerous criminals were kept separate from other members of the same criminal network in prison, for reasons of security.  Viet Nam was making great efforts to improve conditions for prisoners, and was amending the law on custody and detention to ensure there could be no violation of human rights.

Only certain persons were subject to compulsory detoxification and addiction treatment, and such decisions needed to be made by the local authority and reviewed by the court to ensure that they were valid.  There were no cases of forced labour at the compulsory detoxification centres, but there was therapeutic labour, which aimed to help inmates to learn to take care of themselves.  Inmates were allowed to enjoy sports and other leisure activities.

There were several pilot programmes to respond to climate change, with engagement from the local to the central level, and communication campaigns for the ethnic and mountain areas.  There were a wide range of collaborative events, including with non-governmental organizations, and inputs from partners were carefully considered by the authorities when they developed strategies to mitigate climate change.

There was fertile ground for the growth of a national human rights institution, but to achieve this, legal amendments, including of the Constitution, were needed, making it a time-consuming process.  Viet Nam was paying more attention to streamlining the governmental structure.  In the future, it would carefully consider the Paris Principles when establishing such an institution.  However, great efforts were being made to safeguard, protect and promote human rights already.  There was a mechanism already in place to deal with corruption, which dealt with reports and allegations of corruption from individuals.

Questions by Committee Experts

A Committee Expert said the Criminal Procedure Code provided that Government prosecutors could hold suspects accused of national security crimes in detention for an unlimited period without trial or judicial review.  Prosecutors could restrict access to legal counsel in cases related to suspects accused of “national security” crimes until the conclusion of the investigation and with no time limits.  What concrete measures would be taken to ensure that any deprivation of liberty was lawful and that detained persons were afforded legal safeguards from the outset of their detention?  How would the State ensure that pre-trial detention was used only as a measure of last resort and for the shortest period, following a proper, individualised assessment and for reasons expressly provided by law and in line with international human rights standard and the Covenant?

Reports before the Committee indicated that trafficking in persons continued to be a serious concern.  There was a lack of a clear framework for the protection of non-Vietnamese nationals trafficked to Viet Nam, or transited through Viet Nam to a third country.  There had been no substantive changes in Government policies and efforts to combat labour trafficking in the State-run labour export programme.  What measures were being taken to strengthen international legal cooperation and national law enforcement capacities to investigate and respond to the linkages between cybercrime, human trafficking and migrant smuggling, and to strengthen international cooperation to ensure cross-border access to supporting services?

Another Expert said the Committee remained concerned about directives on international travel that closely managed officials, party members and Vietnamese citizens who went abroad, and by the fact that the law allowed authorities to postpone the departure of any person on various broad grounds.  What new measures had been taken to guarantee freedom of movement, and what were the legal grounds for decisions to restrict international travel on Vietnamese citizens and legal grounds for such bans?  The Expert also asked for comment on reports asserting that members of ethnic and religious minorities and indigenous people had been prevented from leaving Viet Nam to seek asylum; and that human rights defenders and religious activists were routinely subject to discriminatory restrictions on their freedom of movement.

Significant progress had been made in juvenile justice, thanks to an increased awareness of the importance of legal institutional reforms.  However, these improvements were reportedly neither systematic nor comprehensive, and detention of children in conflict with the law was still common.  What efforts had been made to amend the legislation to address the protection gaps for children aged 16 and 17 years and the definition of a child to cover persons up to 18 years of age?  What measures had been taken to strengthen the juvenile justice system by setting up additional specialised courts with trained judges, improving community-based diversion, and ensuring children were not deprived of liberty?

The Committee was concerned about reports of a repressive media landscape in Viet Nam, where journalists, bloggers and human rights activists were often intimidated into silence, another Expert said, asking for comments on allegations of targeted surveillance arbitrarily conducted on political activists, journalists, and human rights defenders.

Regarding judicial independence, another Expert asked what specific measures were in place to guarantee the presumption of innocence, access to a lawyer of one’s choice, and a trial within a reasonable time for journalists, human rights defenders, political activists, and individuals accused of national security crimes.  What concrete steps had the State party taken to prevent and punish threats, intimidation, or harassment against lawyers for their work on sensitive cases?  Had any independent mechanisms for judicial oversight over legislative and executive actions been established or implemented? On participation in public affairs, the same Expert asked what measures had been taken to encourage and promote political pluralism.  What steps had been taken to eliminate proxy voting in practice, and had an independent electoral monitoring body been established?

On the freedom of association, despite the constitutional proclamation of the right of association, an Expert expressed concern that there was no framework law regulating this right in a coherent and protective manner.  There had also been reports of systematic repression of religious minorities practising their faith outside the control of State-recognised religious organisations.  What measures had Viet Nam taken to ensure that the right of association, including the right to establish and register independent religious or social associations, could be exercised without interference?  What guarantees existed to prevent the use of the Penal Code against minority religious communities that did not wish to integrate into State-controlled structures?  Further, he asked for detailed information on the rules applicable to associations receiving foreign funding and on the differences in legal treatment between national associations, foreign associations and those receiving international funding.  What steps had Viet Nam taken to ensure that tax and criminal laws were not used in a disproportionate or discriminatory manner against human rights defenders?

The Committee welcomed the programmes implemented by the State party for the economic and social development of minorities.  However, there had been multiple reports of persistent discrimination against these minority groups, in particular against the Khmer Krom and Montagnards.  What concrete actions had Viet Nam taken to eradicate systematic discrimination against these communities in education, employment and public services?

On freedom of conscience and religious belief, what was the procedure for registration or recognition for religious groups, an Expert asked, inquiring how long the process typically took from initiation to decision?  Was the applicant allowed an opportunity to respond or appeal during the review process? What were the reasons for denying registration to certain organizations?  How did the State party justify the non-registration of relatively large religious groups such as Cao Dai and Hoa Hao?  What measures were in place to ensure that individuals were free to choose their religion without coercion?

Regarding freedom of expression, what amendments was the State party considering to the Press Law, the Expert asked.  What legal safeguards existed to ensure that measures affecting online freedom of expression were strictly necessary and proportionate, and in compliance with the Covenant?  What mechanisms were in place to prevent and address harassment and intimidation of individuals, including journalists and online activists, who expressed views critical of the Government?

Responses by the Delegation

The delegation said ethnic minorities in Viet Nam were entitled to all human rights and citizen rights, and equal access to public services.  Many regulations prohibited discrimination on ethnic grounds.  The Government was implementing a socio-economic plan to ensure development of ethnic affairs.  Ethnic minorities were given the full opportunity to participate in economic and social life, and to stand for election: 70 per cent of the National Assembly were members of ethnic minorities.  Ethnic minorities could participate in many political activities. There were policies encouraging their equal participation in public service and their culture and cultural identity.  Ethnic minority groups had the right to equality of employment, including equal pay. There was vocational training for ethnic minorities, which was regulated by the law.

Authorities ensured the freedom of religion by citizens.  The State checked the implementation of the law on freedom of religion and belief.  There were favourable conditions that ensured detainees or persons in custody could exercise their religion.  The State did not require registration for religious collectives and religious activities could take place without registration if they were not against the law.

There had been changes to the law on the People’s Court, regarding the appointment of judges, to further guarantee their independence.  There was a stringent procedure for their appointment.  Interference with judicial activities was prohibited by law, and there was a mechanism to oversee the activities of judges to ensure that they complied with the law.  Regarding corruption, several cases had been prosecuted against high-ranking persons, and the results of these were publicised.  The victims of corruption were protected, as provided for in the Criminal Code.  Activities that hindered the judicial procedure could also be punished according to the law.

On juvenile justice, there was a new Juvenile Justice Law since November 2024, which entered into effect in 2025, which was consistent with international standards on juvenile justice and provided new regulations to better protect juvenile perpetrators and victims, with diverse measures that could be applied to offenders.  The law also introduced family-friendly measures to ensure that the procedure would be more victim-friendly.  Penalties against juvenile offenders could include non-custodial punishments, and juvenile offenders below a certain age who were detained were kept separately, under the oversight of trained officers.  There were 38 juvenile courts at the provincial level.  Much attention was paid to training and capacity-building of the judges of these courts.

A high percentage of Viet Nam’s population had access to the Internet, with good technology and infrastructure, the delegation said, but there was a need for a better mechanism to ensure confidentiality and privacy.  The State had issued a decree to strengthen cyber security to ensure that information was only collected in line with international standards and with the commitments Viet Nam had made, without hindering data flow.  The National Assembly of Viet Nam had adopted a law on protection of personal data, which was a strong commitment to the protection of privacy in line with international standards.  It also guaranteed the right to complain if such privacy was violated. Viet Nam’s efforts had been recognised by the international community.

The right of freedom of expression could not, however, be used to violate the rights of others or of organisations and did not harm social order.  The policy of Viet Nam safeguarded the freedom of expression and of the press, but this needed to be in line with international law.  Cyber security in Viet Nam was not against these commitments and principles, which restrictions were aligned with.

On the freedom of association, the delegation said this right was one of the most basic rights and was clearly provided for by the law and several Government decrees.  Viet Nam had more than 70,000 associations, many of which operated nationwide.  There were an increasing number of associations, operating in various sectors in order to cover the needs of the people, and operating in a way that contributed to the socio-economic development of the country.  The requirement of registration and reporting on financial resources was a popular regulation adopted to prevent any violation of the law by an association, such as conducting terrorism or money laundering. These regulations aimed at administrative management only, and were not based on discrimination.  The freedom of religion and belief was safeguarded through the Constitution and other legislation.

To ensure transparency in elections, the National Assembly had established the National Election Council, which would make decisions on dismissing any false elections and rehosting them, and applying a penalty on those who had perpetrated fraud.  The 2021 election had the greatest number of electors ever.  There were no cases of serious violation of electoral regulations.  Viet Nam encouraged voters to select the candidates that satisfied the requirements for the position.  Elections were well-organised in Viet Nam.  Many regulations and provisions had been introduced on standing for election for members of the National Assembly to ensure the right of freedom to stand for election.

On prevention of human trafficking in the labour sector, the law introduced a number of provisions to better protect Vietnamese workers working abroad.  The employment fee had been eliminated; only a brokerage fee could be charged. After a worker finalised a contract, they currently paid a limited fee, but Viet Nam was moving towards a model where the employer would pay this fee.  Campaigns were being held to ensure workers were aware of the risks of being trafficked when working abroad, and to give them more information about reliable channels for migrating, and of the risks of migrating outside of these channels.

On civic space in Viet Nam, civil society organizations had the freedom to operate and could make contributions to the socio-economic development of the country, as long as they acted in line with the law.  Members of civil society organisations, including human rights defenders, would only be arrested if they violated the law, and the organisations needed to comply with the law and fulfil their obligations, including regarding tax regulations.  Arrests, detention and prosecution of such persons were only done in line with the law.

Viet Nam adopted a revised version of its anti-trafficking law in January 2025 that was consistent with international standards and included a revised definition of human trafficking. The Criminal Code would be revised to ensure that it complied with the anti-trafficking law.  Anyone who reported to the authorities complaining of being a victim of trafficking would be protected and supported.  The law also contained provisions on rescue and identification of victims.  Viet Nam worked with the border and police of neighbouring countries to fight against human trafficking and to protect and defend victims, providing them with shelter and medical attention to cover their needs.

Regarding freedom of movement, Viet Nam respected this fully with regard to its citizens, ensuring that they were protected and promoting their freedom of residence.  The law contained a list of prohibited activities.  Anybody leaving or entering the country needed to respect the relevant laws.  Freedom of movement could be restricted based on national security, public health, and public defence.  There was no single case of restriction of freedom of movement in Viet Nam for ethnic or religious reasons; all cases were because laws had been violated.

Viet Nam supported the right of freedom of expression, but strictly dealt with violations of those rights, particularly in efforts to defame the State and cause division among the different parts of society, and this was in line with international agreements. 

The Penal Code provided for detention only under clear and specific conditions, and also provided for other forms of detention.  Detention was only imposed if it was deemed necessary.  Detainees had the full right to family visits and to communicate with others, with the right to access legal counsel.  Limitations to legal counsel were in line with international standards, and only applied in severe cases of necessity, including those affecting national security.  Suspects could also be detained in these cases to ensure that the investigation would be sufficient.  Since 2019 to date, there had been no cases of abuse of this power.

Follow-Up Questions by Committee Experts

A Committee Expert said he was not fully satisfied with responses on a few issues, including regarding who was responsible for the disciplinary procedure for judges, and how their independence from the Government was ensured. How was the presumption of innocence and access to a lawyer guaranteed, and how were lawyers protected in sensitive cases from facing threats of reprisal?  How was the independence of the National Electoral Council ensured?

On the freedom of expression, an Expert noted that this was not an absolute right but said that concerns lay in the breadth of the restrictions allowed for by the State party.  Restrictions needed to be as narrowly defined as possible.  The Committee did not take exception to detention for violation of laws, but it took exception to excessive lengths of detention and forms of harassment perpetrated on the accused.  The State party recognised the importance of religious freedom, but at the same time referred to a need for registration, which was a limitation of this freedom.

Another Expert addressed the situation of those arrested for national security reasons, noting that this was a broad concept, and that sometimes national security laws were applied to prisoners of conscience and persons with certain religious beliefs.  The Expert said he was unsure how this was relevant to national security.  The Working Group on Arbitrary Detention had found cases of arbitrary detention where there had been restriction of freedom of religion, restrictions on access to legal counsel, and other inappropriate restrictions, and he asked for a comment on this.

Regarding the right to freedom of association, an Expert asked whether any of the restrictions to this right could be removed, and whether the Government was envisaging any law on the freedom of association.  According to information received, persons who spoke minority languages and other minorities were not allowed to participate in international fora, which was a matter of concern.  On the rights of indigenous peoples and minorities, had any of the rights that had been developed globally been recognised in Viet Nam, where there appeared to be a resistance to recognising indigenous peoples.  Did they benefit from the core rights existing in international law? 

Further clarification was requested on the conditions under which the Government interfered with the right to privacy by cutting telephone lines, interrupting cell phones and Internet services for political activists and their families.  Did the Government consider abolishing or amending relevant legislation, or providing more solid grounds for the registering of media users using real names and phone numbers, including those outside Viet Nam?

Responses by the Delegation

The delegation said the Criminal Code included a provision on the presumption of innocence, so defendants were considered to be innocent until found guilty by a legal decision by a court of Viet Nam.  Only the courts had the authority to declare somebody guilty, and there needed to be sufficient access to legal counsel.  If there was lack of evidence, then the court needed to declare a person innocent.  There were many mechanisms to oversee and monitor judges’ performance, and there were inspections of local and central courts, investigations of denunciations or allegations of violations, and disciplinary actions provided for in case these were substantiated.

Regarding elections, independent candidates needed to prepare a dossier and send their application to the local authorities, who would review it to make sure that it respected the law, after which they would send the dossier to the standing committee and the provincial election committee, as well as the National Election Council.  There was a stringent procedure for considering the application for election by independent candidates.  On restriction of the freedom of association, a recent decree had been enacted that created favourable conditions for associations without discrimination. There were no plans to introduce any other new laws, as the current legislation satisfied requirements.

On privacy, cybersecurity and freedom of expression and speech, Viet Nam’s policy was to have a healthy cyberspace that did not infringe upon the enjoyment of rights.  The cybersecurity of Viet Nam aimed to promote the use of the Internet whilst striking a balance between the rise of the country and the needs of the people, and had been developed on the basis of learning from experiences of other countries, in consultation with public and private bodies.  The cybersecurity law provided precise conditions in which there could be restrictions of access to the Internet, but this law did not hinder human rights and only related to cases where individuals violated the law. Cybersecurity did not hinder the use of the Internet unless it was to defend the Government.

The freedom of expression and of the press was not an absolute right and needed to be exercised in line with the law.  Registration was used to this end to protect the legitimate rights of all people and to develop a healthy Internet space.  The right to freedom and belief had been effectively supported over previous years, thanks to the implementation of a new law from 2018, the delegation said.

Given the characteristics of the people in question, Viet Nam did not use the term “indigenous people”, using instead the terms “ethnic minority” or “small minority”, the delegation said.  The guarantee of rights for ethnic minorities was a significant achievement, given the geographical structure of Viet Nam.  These people were facilitated in their access to their human and citizenship rights.

On arbitrary detention, the right to access to defence counsel was never limited for detainees.  Only the Prosecutor General had the power to make the decision to limit such access, but no cases of this were recorded.  On tax evasion, there were regulations on this all over the world, and penalties were imposed, and this could not be considered a punitive measure.

Closing Statements

THANH TỊNH NGUYỄN, Deputy Minister of Justice and head of the delegation, said Viet Nam appreciated the dialogue.  The delegation had engaged openly and sincerely, and aimed to provide all answers. Protection and promotion of human rights were the objective and result of a long struggle by many generations of Vietnamese people.  Human rights were a universal and global value, and their protection was a goal for all countries, but each country had a different mechanism to ensure these rights for citizens in line with its socio-economic situation.  Viet Nam worked to ensure the happiness of the people, which was the ultimate goal of its policies, and it had worked to this end to improve its legal system to ensure that people would be the beneficiaries of its policies.  Viet Nam remained steadfast in its aim to build a democratic, equitable and harmonious society, implementing sustainable social policies based on human rights for the people, who were placed at the heart of State policies.  Good laws also needed to be enforced and implemented to ensure positive results, and this was also the policy of the Government.  Viet Nam’s Government was committed to implementing the Covenant.

CHANGROK SOH, Committee Chairperson, expressed sincere gratitude to all those who had contributed to the dialogue.  Over the past two days, the dialogue had addressed key elements of the implementation of the Covenant.  The adoption of certain institutional safeguards to combat discrimination and to combat domestic violence was positive, but there were a number of remaining concerns requiring attention, including severe restriction on fundamental freedoms related to assembly, speech, and religion.  There were also credible allegations of torture and ill-treatment, and persistent challenges for vulnerable groups, including women and children, ethnic minorities, and lesbian, gay, bisexual, transgender and intersex persons.

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The English and French versions of our news releases are different because they are the product of two separate coverage teams that work independently.

CCPR25.016E

MIL OSI United Nations News –

Source: United Nations – Geneva

The Human Rights Committee today concluded its consideration of the fourth periodic report of Viet Nam on how it implements the provisions of the International Covenant on Civil and Political Rights.  Committee Experts commended steps Viet Nam had taken to strengthen its legal and institutional framework for human rights, and raised issues concerning discrimination in various areas of public life and reports of a repressive media landscape.

A Committee Expert praised the important steps Viet Nam had taken to strengthen its legal and institutional framework for human rights, saying they reflected a clear commitment to international cooperation and legal reform. They welcomed the recent decision to reduce the number of capital offenses from 18 to 10, a significant step toward limiting the scope of application of the death penalty.

However, Viet Nam lacked a law developing the principle of non-discrimination in areas such as employment, health, education, politics and justice, another Expert noted, asking for further information on the number of complaints of acts of discrimination.

The Committee also expressed concern about reports of a repressive media landscape in Viet Nam, where journalists, bloggers and human rights activists were often intimidated into silence.  One Expert asked for comments on allegations of targeted surveillance arbitrarily conducted on political activists, journalists, and human rights defenders.

Thanh Tịnh Nguyễn, Deputy Minister of Justice and head of the delegation, said Viet Nam had consistently devoted special attention, strong efforts, and firm commitment to promoting and ensuring the effective implementation of human rights and citizens’ rights, including civil and political rights.  Legal, administrative, and judicial reforms in Viet Nam, as well as law enforcement practices, were all anchored in a people-centred approach.

In the ensuing discussion, the delegation, in response to these questions and others, said human rights had been upheld and promoted in Viet Nam over the past forty years and the State’s legal system was sufficiently comprehensive to fully implement the Covenant.

The law was very comprehensive to prevent any discrimination in civil and personal life, the delegation said.  Everybody was equal before the law, including in the labour sector, where the law prohibited discrimination, including salary discrimination between men and women and against guest workers.  Discrimination was also forbidden in education.

The right of freedom of expression could not, the delegation said, be used to violate the rights of others or of organisations or harm social order.  The policy of Viet Nam safeguarded the freedom of expression and of the press, but needed to be in line with international law.  Viet Nam strictly dealt with efforts to defame the State and cause division among the different parts of society, in line with international agreements.

In concluding remarks, Mr. Nguyễn said the protection and promotion of human rights were the objective and result of a long struggle by many generations of Vietnamese people. Viet Nam worked to ensure the happiness of the people, which was the ultimate goal of its policies, and had worked to improve its legal system to ensure that people would be the beneficiaries of its policies.

Changrok Soh, Committee Chairperson, in concluding remarks, said the dialogue had addressed key elements of the implementation of the Covenant.  The adoption of certain institutional safeguards to combat discrimination and domestic violence was positive, but there were several remaining concerns requiring attention, including regarding severe restrictions on fundamental freedoms related to assembly, speech, and religion.  There were also credible allegations of torture and ill-treatment, and persistent challenges for vulnerable groups, he concluded.

The delegation of Viet Nam was made up of representatives of the Ministry of Justice; the Office of the Government; the Supreme People’s Procuracy; the Ministry of Public Security; the Ministry of Home Affairs; the Supreme People’s Court; the Ministry of Culture, Sport and Tourism; the Ministry of Ethnic Minorities and Religions; the Ministry of Foreign Affairs; and the Permanent Mission of Viet Nam to the United Nations Office at Geneva.

The Human Rights Committee’s one hundred and forty-fourth session is being held from 23 June to 17 July 2025.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 10 a.m., Thursday 10 July to hold an informal meeting with States.

Report

The Committee has before it the fourth periodic report of Viet Nam (CCPR/C/VNM/4).

Presentation of the Report

THANH TỊNH NGUYỄN, Deputy Minister of Justice and head of the delegation, said, guided by the principle of placing people at the centre — as both the goal and the driving force of development, Viet Nam had consistently devoted special attention, strong efforts, and firm commitment to promoting and ensuring the effective implementation of human rights and citizens’ rights, including civil and political rights.  Legal, administrative, and judicial reforms in Viet Nam, as well as law enforcement practices, were all anchored in a people-centred approach, whereby the people were regarded as the primary beneficiaries of the system.  These efforts aimed to implement effective measures to protect and ensure human rights and citizens’ rights in accordance with the law.  Immediately following the constructive dialogue with the Committee in 2019, the Government of Viet Nam adopted a national action plan to implement the Covenant and the Committee’s recommendations, with the aim of clearly identifying areas in need of improvement and undertaking necessary institutional and practical measures to ensure substantive progress.

With regard to institutional and legal reform, since the submission of the fourth national report, Viet Nam had amended, supplemented, or enacted over 150 laws and resolutions of the National Assembly, many of which were directly related to the lives of the people and aimed at advancing civil and political rights.  Most recently, Viet Nam adopted the amended Criminal Code, which narrowed the scope of application of the death penalty by abolishing capital punishment for eight offences, and had recently adopted Resolution 66 on reforming the legislative process.  Viet Nam was also vigorously advancing a comprehensive reform of the State administrative apparatus.

Viet Nam had undertaken a range of measures to enhance transparency, openness, and efficiency in the implementation of laws and policies.  Human rights education had been integrated into the national curriculum.  Viet Nam had issued and effectively implemented a range of policies that directly promoted and protected civil and political rights.  In the area of social security policy, Viet Nam remained firmly committed to ensuring social welfare, public safety, and the well-being of its people, under the guiding principle of “leaving no one behind.”  Viet Nam had also taken proactive measures to respond to climate change and to support the people in the context of disaster relief efforts. It had further placed strong emphasis on investing in infrastructure and enabling conditions to ensure public access to information, and was currently recognised as one of the countries with the most affordable internet access.  Rapid developments had significantly contributed to the realisation of the rights to freedom of the press, freedom of expression, and access to information.

In the process of ensuring, protecting, and promoting the realisation of human rights, Viet Nam continued to face various difficulties and challenges arising from multiple factors that affect the implementation of the Covenant. These included limited resources; instances where the enforcement of laws had not met expectations; and the growing impact of global issues and non-traditional security threats in the context of Viet Nam’s  international integration.

Viet Nam was in the process of building and perfecting a socialist rule-of-law State for the people, in order to build a high-quality legal system that effectively ensured and protected human rights and citizens’ rights, in a manner consistent with national realities and international standards.  In this process, Viet Nam would continue to seriously fulfil its international human rights commitments, and further promote dialogue and cooperation in this important area.  At the same time, Viet Nam would implement comprehensive measures to better promote, protect, and ensure the enjoyment of civil and political rights, and to improve resilience to climate change — particularly for vulnerable groups — through appropriate steps in the time to come.

Questions by Committee Experts

A Committee Expert said the Committee acknowledged the important steps Viet Nam had taken to strengthen its legal and institutional framework for human rights.  These developments reflected a clear commitment to international cooperation and legal reform.  The Committee commended Viet Nam for its recent decision to reduce the number of capital offenses from 18 to 10, which marked a significant step toward limiting the scope of application of the death penalty.

Given reports that Directive 24 broadly defined international integration as a national security threat, leading to systemic restrictions on freedoms of expression, association, and movement, how did Viet Nam reconcile this directive with the Covenant’s articles 19, 21, and 22, an Expert asked.  Regarding disaster response and recovery efforts, as well as campaigns to eliminate temporary housing, the report did not address the adoption of a precautionary approach or specific measures to protect the most vulnerable from the negative impacts of climate change and natural disasters, and the Expert asked what specific measures Viet Nam had adopted to implement a precautionary approach to environmental and climate risks, and how vulnerable groups were identified and protected in these policies.

Regarding the death penalty, an Expert asked about the criteria used to select offences to be removed from the scope of the death penalty; the reasons that led Viet Nam to stop short of full abolition; and considerations that had prevented the country from following the path toward complete abolition of the death penalty.  What measures were in place to ensure full respect for due process guarantees in death penalty cases, and to prevent the imposition of the death penalty as a result of forced confessions?  On enforced disappearances, the Expert asked whether Vietnamese law defined and criminalised all acts of enforced disappearance in accordance with international standards, and about measures in place to ensure prompt, thorough, and impartial investigations into allegations of enforced disappearance and transnational repression.

Another Expert asked for an update on progress made towards the establishment of the national human rights institution, and for more detailed and concrete information on the status of the legislative review and the reasons for the continued delays in establishing the body.  What measures did the State party plan to take to ensure that all allegations of torture and ill-treatment, solitary confinement, incommunicado detention and forced commitment to psychiatric facilities were promptly and thoroughly investigated by an independent body and that perpetrators were prosecuted and sanctioned with appropriate penalties, and to investigate all reported instances of deaths of prisoners while detained?  What measures would the State party take to ensure that national legislation protecting the rights of detainees was implemented in practice, in particular the right to medical care?

An Expert commended the State party for its continued efforts to combat corruption, but noted that further efforts were needed to strengthen anti-corruption initiatives.  He expressed particular concern relating to allegations of corruption involving high-level public officials, judges, prosecutors, and law enforcement officers, and asked for information on any actions taken in response to such cases.  He noted reports indicating persistent concerns that the enforcement of anti-corruption laws was perceived as selective and politically driven.  The Expert asked for further details on the mandates, composition, appointment procedures, and safeguards in place to ensure the independence of the three types of agencies involved in anti-corruption efforts.  He also asked whether the draft Law on the State of Emergency was fully compatible with article four of the Covenant, including its substantive and procedural requirements.

Viet Nam lacked a law developing the principle of non-discrimination in areas such as employment, health, education, politics and justice, an Expert noted, asking for further information on the number of complaints of acts of discrimination, and on investigations, sanctions and reparations for victims; about employees with disabilities in the public and private sectors; and on the existence of other protection mechanisms.  Regarding women’s rights, the Expert asked about progress that had been made over the last ten years, including regarding non-discrimination on the basis of sexual orientation and gender, noting that women’s rights had been violated by these forms of discrimination.  Was the State going to work towards the legalisation of same-sex marriage or civil partnership?  Had measures been taken to address the issue of stigmatisation, harassment, violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons?

An Expert expressed concern for the realities of Khmer Krom women, who were highly vulnerable to various human rights violations due to their gender, facing a high risk of systematic inequalities and abuse.  Other areas of concern included the wide salary gap between men and women, as well as continuing differentiation of retirement ages between men and women, the participation of women in political life, and that there still needed to be evidence of a minimum degree of physical injury for an act to be legally recognised as rape.  In view of these, the Expert asked what measures had been taken to increase women’s participation, specifically ethnic minority women and women in rural areas, in all private and public sectors, as well as high-level decision-making positions and political life.

The Expert also expressed concern about the situation of drug users confined to drug rehabilitation centres, asking for more information on measures taken to ensure that all legislation concerning drug detoxification and rehabilitation centres, particularly the provisions retaining compulsory drug treatment, including for children between 12 and 18, were in line with the Covenant.

Responses by the Delegation

The delegation said human rights had been upheld and promoted in Viet Nam over the past forty years and its legal system was sufficiently comprehensive to fully implement the Covenant.  There was a separate chapter in the Constitution on human rights that was in line with the Covenant.  Human rights could only be suspended for reasons of national security, public safety, and public health.  Only the National Assembly could suspend human rights, in line with the Constitution. As part of the law-making process in Viet Nam, there needed to be a consultation with stakeholders, including those affected by the law.  Human rights topics were now included in the national educational curriculum.  The State conducted many campaigns on human rights, and information on human rights was translated into various national minority languages and made available, including online.  Viet Nam had adopted various national measures to ensure national security and the safe and productive life of its people.

Viet Nam was implementing the Covenant in various ways, including through its law and education.  According to the law, the Covenant needed to be prioritised if there were differences between it and the law.  If any discrepancies were identified, the Covenant took precedence.  There were training courses for judges and lawyers and other legal professionals on the provisions of the Covenant.

Viet Nam was one of the countries seriously affected by climate change, which caused many socio-economic challenges.  The Government attached great importance to those whose rights had been affected by the phenomenon, and ensured that sustainable and green development and the climate change strategy of Viet Nam were prioritised in all policies.  Many important activities had been adopted for ethnic minorities, including access to adequate, clean water, and the development of a medical network that focused on climate change-related diseases.  The Government had also developed a plan to review infrastructure in climate change-prone areas, including water infrastructure.  The climate change strategy had many implications on the enjoyment of the human rights of the people.  Viet Nam promoted international cooperation to ensure that all could fight climate change issues, whilst cooperating with all international agencies.

On discrimination against the lesbian, gay, bisexual, transgender and intersex community, anti-discrimination was a part of the legal framework, and over the past years Viet Nam had taken many steps to better protect the members of the community, to ensure that none would be discriminated against on the basis of their gender or sexual identity.  The provision in the law criminalising same-sex marriage had been removed more than 10 years ago, although there was no law legalising same-sex marriage.  The new Criminal Code, since 2015, contained provisions regarding sexual offences which protected lesbian, gay, bisexual, transgender and intersex persons.  In 2022, the Ministry of Health introduced a guideline giving direction to local authorities, which ensured that these persons could not be subject to discrimination. On oversight of activities in the medical sector, so far, no complaints had been received, meaning that there were no violations of the guidelines.  Lesbian, gay, bisexual, transgender and intersex persons had access to services to support them, and could change their legal identity, ensuring that they were not discriminated against.

On anti-corruption efforts, Viet Nam had implemented many activities aiming to perfect the legal framework, including the adoption of the Anti-Corruption Law within the Criminal Code and related preventive measures.  It had also strengthened its monitoring activities, streamlined the administrative apparatus to better support the functions of the State, and was working to enhance efficiency.  Anti-corruption courses were available for legal practitioners, including at the local level.  Capacity building was one of the strongest commitments made by the Government.  There were specialised agencies working to prevent corruption, including a department on police in the Ministry of Security, and a department specialised on investigations and prosecutions of corruption cases within the Ministry of Justice.  Viet Nam had made significant efforts over the last few years to combat corruption and had recently made significant achievements, which it would strive to continue.

The law was very comprehensive to prevent any discrimination in civil and personal life.  Everybody was equal before the law, including in the labour sector, where the law prohibited discrimination, including salary discrimination between men and women and against guest workers.  Discrimination was also forbidden in education.  The law provided a significant number of sanctions to reduce gender inequality.  Efforts had been strengthened to ensure the equal representation of women in political life — women were provided with more opportunities for leadership positions and were given training to gain the necessary skills to participate in political life.  There was an action plan in the Ministry of Labour to ensure equal access of men and women to business, investment capital, and health services.  The gap between retirement age between men and women was being reviewed by the Government; the current discrepancy was not discriminatory but reflected the situation of the population.  Many different policies and programmes were being implemented for persons with disabilities, including those providing employment opportunities.

On the establishment of the national human rights institution, much work had been done in this regard.  This was an important long-term goal that required serious consideration to ensure that the institution would be in line with international commitments and Viet Nam’s needs and specificities.  There were currently other mechanisms in place, including the equivalent of an Ombudsman, and a National Committee on Women and Children, which fulfilled the same role, promoting the rights of the people of Viet Nam.  Viet Nam was still reviewing the situation in order to be able to establish a model national human rights institution.

According to Vietnamese law, prisoners had the right to access medical care, including medical check-ups and access to hospital services for regular treatment if their care could not be provided in the prison.  On transfers to psychiatric facilities, if a person showed any signs of psychiatric illness, they would be sent for forensic examination, and if the examination indicated it was required, they would be transferred to psychiatric facilities, where they were entitled to medical treatment.

Human rights, including the right to life, could only be restricted in certain circumstances provided for in the Constitution.  Depriving others of their right to life was a criminal affair which needed to be prosecuted.  Viet Nam implemented various measures recommended by international bodies during the COVID-19 pandemic to lower the rate of transmission in accordance with the law, on the basis of public health and in order to safeguard the health of the people. There was a free vaccination campaign, with no discrimination.  At the end of the pandemic, Viet Nam brought the restrictions to an end.

Juveniles were not subject to the death penalty, the delegation said, and Viet Nam was getting closer to international standards, moving forward to a phase in which it would review the Criminal Code.  It also had a road map to move forward in making it ever more difficult to condemn a person to death.  Work had also been done to ensure that there was no overlap with torture in the application of the death penalty.  There was an oversight mechanism and strong and stringent sanctions to be applied to the perpetrators of torture.

One law included specific regulation of detention conditions, including the minimum space per detainee, access to food and drinkable water, and women-specific products.  All prisoners were entitled to medical support and treatment.  There was compulsory drug rehabilitation and detoxification, aiming to help persons end their addiction.  There was a strict procedure for this, which included a passage in front of a court.

Follow-Up Questions by Committee Experts

A Committee Expert said the situation of women still raised questions.  Misconceptions about sexual violence, the wish to preserve the harmony of the family, mediation according to the law of 2022, and the fear of rehabilitation were all obstacles before women, making them reluctant to report acts of violence committed against them in different spheres, including domestic violence and harassment in the workplace.  The legal definition of rape remained of concern to the Committee.  What were the activities carried out under the national communication programme on gender equality and the National Strategy on Gender Equality?  What measures were taken to identify the factors that prevented women victims from reporting abuse, and to align the legal definition of rape with the Covenant and other international standards?  What remedies had been offered to victims and what was the number of cases that had been referred to alternative dispute resolution processes?

Another Expert asked about the oversight mechanisms that existed to examine cases of torture and their findings.  Had there been any cases of torture, and if there were any, had the perpetrators been prosecuted?  One Expert said the results of corruption investigations could vary depending on who initiated and drove the process.  In certain cases, political manoeuvring could influence investigations; statistical data would help clarify the nature of the cases.  Viet Nam had not submitted any notification under article four, paragraph three of the Covenant — did this mean it did not consider itself to ever have been under a situation of public emergency?

Another Expert raised the issue of a comprehensive law on non-discrimination and the potential detention of lesbian, gay, bisexual, transgender and intersex persons in separate facilities apart from the general population, asking if this was being done according to human rights principles.  According to the Adoption Law of 2010, adoption could only be done by people with opposite-sex partners, or by a single person.  The Expert asked about the extent to which a homosexual person could adopt.  On discrimination against persons with disabilities in the world of work, he asked for specific, concrete data regarding the number of persons employed under programmes to end discrimination in the labour market.

An Expert asked whether there was a legal procedure that enabled individuals sentenced to death to seek a review of their convictions based on newly discovered evidence of their innocence, and what remedies were provided for persons who were shown to have been wrongly convicted?  Again on the death penalty, another Expert asked how many executions had taken place, and how many persons were on death row?  Was there an offence related to kidnapping for financial gain, as this could be assimilated to enforced disappearance?

In Viet Nam, the international human rights treaties did hold precedence, and nothing stopped the courts from applying them.  Why, to date, had no court invoked the Covenant with regard to the rights and provisions enshrined within it?

Regarding the plan of action against climate change, the Expert was pleased to recognise that minorities in occupied territories who were particularly vulnerable to climate change were included; he asked whether these minorities were consulted during the drafting of the plans and whether they were respecting traditional farming methods and techniques?

Responses by the Delegation

The delegation said the law of Viet Nam mentioned the hierarchy of international legislation and domestic law; priority was given to the international commitments and agreements.  The definition of rape in the Criminal Code was divided into two categories, including one for those over 13 and one for those under 13, for whom the law did not require any evidence of force or circumstances such as alcoholic consumption to elicit sexual activities.  The law did not distinguish between married and unmarried rape.

On domestic violence, the delegation said even though much effort had been made to combat this violence, the detection and handling of such cases had not yet been satisfactory.  The Government had issued a decree on domestic violence.  Data would be provided more comprehensively later. There were opportunities for the victim to express themselves.  There were also local supportive networks for the victims of violence, and there were psychological and medical services provided for such victims.  There were media and communication events held on domestic violence, and campaigns to raise awareness, providing information for victims so that they would be more willing to raise their voice.

Regarding torture and the death penalty, there were eight crimes which could be punished by the penalty, including treason, murder, rape, terrorism, crimes against humanity, crimes of war, illegal production of narcotics, and drug trafficking. Keeping the data regarding executions private was often due to national security and defence reasons, and also for the protection of the privacy of the family and victims of the perpetrator.  There was a procedure for review of judgements — at any point, a complaint could be made and an appeal made on the basis of wrongful conviction.  In the case of a wrongful conviction, there was a law on State compensation.  If there was any violation or wrongful conviction identified, then the State would provide compensation, including a public apology.  The law was very comprehensive when it came to illegal detention of others.  There was a hierarchy of oversight mechanisms which applied to cases of torture.

Regarding detention, Viet Nam did not use the method of transferring prisoners away from their residential addresses as a punishment.  Prisoners were kept close to their families.  Pregnant women, foreigners and juveniles were given particular consideration.  However, very violent or dangerous criminals were kept separate from other members of the same criminal network in prison, for reasons of security.  Viet Nam was making great efforts to improve conditions for prisoners, and was amending the law on custody and detention to ensure there could be no violation of human rights.

Only certain persons were subject to compulsory detoxification and addiction treatment, and such decisions needed to be made by the local authority and reviewed by the court to ensure that they were valid.  There were no cases of forced labour at the compulsory detoxification centres, but there was therapeutic labour, which aimed to help inmates to learn to take care of themselves.  Inmates were allowed to enjoy sports and other leisure activities.

There were several pilot programmes to respond to climate change, with engagement from the local to the central level, and communication campaigns for the ethnic and mountain areas.  There were a wide range of collaborative events, including with non-governmental organizations, and inputs from partners were carefully considered by the authorities when they developed strategies to mitigate climate change.

There was fertile ground for the growth of a national human rights institution, but to achieve this, legal amendments, including of the Constitution, were needed, making it a time-consuming process.  Viet Nam was paying more attention to streamlining the governmental structure.  In the future, it would carefully consider the Paris Principles when establishing such an institution.  However, great efforts were being made to safeguard, protect and promote human rights already.  There was a mechanism already in place to deal with corruption, which dealt with reports and allegations of corruption from individuals.

Questions by Committee Experts

A Committee Expert said the Criminal Procedure Code provided that Government prosecutors could hold suspects accused of national security crimes in detention for an unlimited period without trial or judicial review.  Prosecutors could restrict access to legal counsel in cases related to suspects accused of “national security” crimes until the conclusion of the investigation and with no time limits.  What concrete measures would be taken to ensure that any deprivation of liberty was lawful and that detained persons were afforded legal safeguards from the outset of their detention?  How would the State ensure that pre-trial detention was used only as a measure of last resort and for the shortest period, following a proper, individualised assessment and for reasons expressly provided by law and in line with international human rights standard and the Covenant?

Reports before the Committee indicated that trafficking in persons continued to be a serious concern.  There was a lack of a clear framework for the protection of non-Vietnamese nationals trafficked to Viet Nam, or transited through Viet Nam to a third country.  There had been no substantive changes in Government policies and efforts to combat labour trafficking in the State-run labour export programme.  What measures were being taken to strengthen international legal cooperation and national law enforcement capacities to investigate and respond to the linkages between cybercrime, human trafficking and migrant smuggling, and to strengthen international cooperation to ensure cross-border access to supporting services?

Another Expert said the Committee remained concerned about directives on international travel that closely managed officials, party members and Vietnamese citizens who went abroad, and by the fact that the law allowed authorities to postpone the departure of any person on various broad grounds.  What new measures had been taken to guarantee freedom of movement, and what were the legal grounds for decisions to restrict international travel on Vietnamese citizens and legal grounds for such bans?  The Expert also asked for comment on reports asserting that members of ethnic and religious minorities and indigenous people had been prevented from leaving Viet Nam to seek asylum; and that human rights defenders and religious activists were routinely subject to discriminatory restrictions on their freedom of movement.

Significant progress had been made in juvenile justice, thanks to an increased awareness of the importance of legal institutional reforms.  However, these improvements were reportedly neither systematic nor comprehensive, and detention of children in conflict with the law was still common.  What efforts had been made to amend the legislation to address the protection gaps for children aged 16 and 17 years and the definition of a child to cover persons up to 18 years of age?  What measures had been taken to strengthen the juvenile justice system by setting up additional specialised courts with trained judges, improving community-based diversion, and ensuring children were not deprived of liberty?

The Committee was concerned about reports of a repressive media landscape in Viet Nam, where journalists, bloggers and human rights activists were often intimidated into silence, another Expert said, asking for comments on allegations of targeted surveillance arbitrarily conducted on political activists, journalists, and human rights defenders.

Regarding judicial independence, another Expert asked what specific measures were in place to guarantee the presumption of innocence, access to a lawyer of one’s choice, and a trial within a reasonable time for journalists, human rights defenders, political activists, and individuals accused of national security crimes.  What concrete steps had the State party taken to prevent and punish threats, intimidation, or harassment against lawyers for their work on sensitive cases?  Had any independent mechanisms for judicial oversight over legislative and executive actions been established or implemented? On participation in public affairs, the same Expert asked what measures had been taken to encourage and promote political pluralism.  What steps had been taken to eliminate proxy voting in practice, and had an independent electoral monitoring body been established?

On the freedom of association, despite the constitutional proclamation of the right of association, an Expert expressed concern that there was no framework law regulating this right in a coherent and protective manner.  There had also been reports of systematic repression of religious minorities practising their faith outside the control of State-recognised religious organisations.  What measures had Viet Nam taken to ensure that the right of association, including the right to establish and register independent religious or social associations, could be exercised without interference?  What guarantees existed to prevent the use of the Penal Code against minority religious communities that did not wish to integrate into State-controlled structures?  Further, he asked for detailed information on the rules applicable to associations receiving foreign funding and on the differences in legal treatment between national associations, foreign associations and those receiving international funding.  What steps had Viet Nam taken to ensure that tax and criminal laws were not used in a disproportionate or discriminatory manner against human rights defenders?

The Committee welcomed the programmes implemented by the State party for the economic and social development of minorities.  However, there had been multiple reports of persistent discrimination against these minority groups, in particular against the Khmer Krom and Montagnards.  What concrete actions had Viet Nam taken to eradicate systematic discrimination against these communities in education, employment and public services?

On freedom of conscience and religious belief, what was the procedure for registration or recognition for religious groups, an Expert asked, inquiring how long the process typically took from initiation to decision?  Was the applicant allowed an opportunity to respond or appeal during the review process? What were the reasons for denying registration to certain organizations?  How did the State party justify the non-registration of relatively large religious groups such as Cao Dai and Hoa Hao?  What measures were in place to ensure that individuals were free to choose their religion without coercion?

Regarding freedom of expression, what amendments was the State party considering to the Press Law, the Expert asked.  What legal safeguards existed to ensure that measures affecting online freedom of expression were strictly necessary and proportionate, and in compliance with the Covenant?  What mechanisms were in place to prevent and address harassment and intimidation of individuals, including journalists and online activists, who expressed views critical of the Government?

Responses by the Delegation

The delegation said ethnic minorities in Viet Nam were entitled to all human rights and citizen rights, and equal access to public services.  Many regulations prohibited discrimination on ethnic grounds.  The Government was implementing a socio-economic plan to ensure development of ethnic affairs.  Ethnic minorities were given the full opportunity to participate in economic and social life, and to stand for election: 70 per cent of the National Assembly were members of ethnic minorities.  Ethnic minorities could participate in many political activities. There were policies encouraging their equal participation in public service and their culture and cultural identity.  Ethnic minority groups had the right to equality of employment, including equal pay. There was vocational training for ethnic minorities, which was regulated by the law.

Authorities ensured the freedom of religion by citizens.  The State checked the implementation of the law on freedom of religion and belief.  There were favourable conditions that ensured detainees or persons in custody could exercise their religion.  The State did not require registration for religious collectives and religious activities could take place without registration if they were not against the law.

There had been changes to the law on the People’s Court, regarding the appointment of judges, to further guarantee their independence.  There was a stringent procedure for their appointment.  Interference with judicial activities was prohibited by law, and there was a mechanism to oversee the activities of judges to ensure that they complied with the law.  Regarding corruption, several cases had been prosecuted against high-ranking persons, and the results of these were publicised.  The victims of corruption were protected, as provided for in the Criminal Code.  Activities that hindered the judicial procedure could also be punished according to the law.

On juvenile justice, there was a new Juvenile Justice Law since November 2024, which entered into effect in 2025, which was consistent with international standards on juvenile justice and provided new regulations to better protect juvenile perpetrators and victims, with diverse measures that could be applied to offenders.  The law also introduced family-friendly measures to ensure that the procedure would be more victim-friendly.  Penalties against juvenile offenders could include non-custodial punishments, and juvenile offenders below a certain age who were detained were kept separately, under the oversight of trained officers.  There were 38 juvenile courts at the provincial level.  Much attention was paid to training and capacity-building of the judges of these courts.

A high percentage of Viet Nam’s population had access to the Internet, with good technology and infrastructure, the delegation said, but there was a need for a better mechanism to ensure confidentiality and privacy.  The State had issued a decree to strengthen cyber security to ensure that information was only collected in line with international standards and with the commitments Viet Nam had made, without hindering data flow.  The National Assembly of Viet Nam had adopted a law on protection of personal data, which was a strong commitment to the protection of privacy in line with international standards.  It also guaranteed the right to complain if such privacy was violated. Viet Nam’s efforts had been recognised by the international community.

The right of freedom of expression could not, however, be used to violate the rights of others or of organisations and did not harm social order.  The policy of Viet Nam safeguarded the freedom of expression and of the press, but this needed to be in line with international law.  Cyber security in Viet Nam was not against these commitments and principles, which restrictions were aligned with.

On the freedom of association, the delegation said this right was one of the most basic rights and was clearly provided for by the law and several Government decrees.  Viet Nam had more than 70,000 associations, many of which operated nationwide.  There were an increasing number of associations, operating in various sectors in order to cover the needs of the people, and operating in a way that contributed to the socio-economic development of the country.  The requirement of registration and reporting on financial resources was a popular regulation adopted to prevent any violation of the law by an association, such as conducting terrorism or money laundering. These regulations aimed at administrative management only, and were not based on discrimination.  The freedom of religion and belief was safeguarded through the Constitution and other legislation.

To ensure transparency in elections, the National Assembly had established the National Election Council, which would make decisions on dismissing any false elections and rehosting them, and applying a penalty on those who had perpetrated fraud.  The 2021 election had the greatest number of electors ever.  There were no cases of serious violation of electoral regulations.  Viet Nam encouraged voters to select the candidates that satisfied the requirements for the position.  Elections were well-organised in Viet Nam.  Many regulations and provisions had been introduced on standing for election for members of the National Assembly to ensure the right of freedom to stand for election.

On prevention of human trafficking in the labour sector, the law introduced a number of provisions to better protect Vietnamese workers working abroad.  The employment fee had been eliminated; only a brokerage fee could be charged. After a worker finalised a contract, they currently paid a limited fee, but Viet Nam was moving towards a model where the employer would pay this fee.  Campaigns were being held to ensure workers were aware of the risks of being trafficked when working abroad, and to give them more information about reliable channels for migrating, and of the risks of migrating outside of these channels.

On civic space in Viet Nam, civil society organizations had the freedom to operate and could make contributions to the socio-economic development of the country, as long as they acted in line with the law.  Members of civil society organisations, including human rights defenders, would only be arrested if they violated the law, and the organisations needed to comply with the law and fulfil their obligations, including regarding tax regulations.  Arrests, detention and prosecution of such persons were only done in line with the law.

Viet Nam adopted a revised version of its anti-trafficking law in January 2025 that was consistent with international standards and included a revised definition of human trafficking. The Criminal Code would be revised to ensure that it complied with the anti-trafficking law.  Anyone who reported to the authorities complaining of being a victim of trafficking would be protected and supported.  The law also contained provisions on rescue and identification of victims.  Viet Nam worked with the border and police of neighbouring countries to fight against human trafficking and to protect and defend victims, providing them with shelter and medical attention to cover their needs.

Regarding freedom of movement, Viet Nam respected this fully with regard to its citizens, ensuring that they were protected and promoting their freedom of residence.  The law contained a list of prohibited activities.  Anybody leaving or entering the country needed to respect the relevant laws.  Freedom of movement could be restricted based on national security, public health, and public defence.  There was no single case of restriction of freedom of movement in Viet Nam for ethnic or religious reasons; all cases were because laws had been violated.

Viet Nam supported the right of freedom of expression, but strictly dealt with violations of those rights, particularly in efforts to defame the State and cause division among the different parts of society, and this was in line with international agreements. 

The Penal Code provided for detention only under clear and specific conditions, and also provided for other forms of detention.  Detention was only imposed if it was deemed necessary.  Detainees had the full right to family visits and to communicate with others, with the right to access legal counsel.  Limitations to legal counsel were in line with international standards, and only applied in severe cases of necessity, including those affecting national security.  Suspects could also be detained in these cases to ensure that the investigation would be sufficient.  Since 2019 to date, there had been no cases of abuse of this power.

Follow-Up Questions by Committee Experts

A Committee Expert said he was not fully satisfied with responses on a few issues, including regarding who was responsible for the disciplinary procedure for judges, and how their independence from the Government was ensured. How was the presumption of innocence and access to a lawyer guaranteed, and how were lawyers protected in sensitive cases from facing threats of reprisal?  How was the independence of the National Electoral Council ensured?

On the freedom of expression, an Expert noted that this was not an absolute right but said that concerns lay in the breadth of the restrictions allowed for by the State party.  Restrictions needed to be as narrowly defined as possible.  The Committee did not take exception to detention for violation of laws, but it took exception to excessive lengths of detention and forms of harassment perpetrated on the accused.  The State party recognised the importance of religious freedom, but at the same time referred to a need for registration, which was a limitation of this freedom.

Another Expert addressed the situation of those arrested for national security reasons, noting that this was a broad concept, and that sometimes national security laws were applied to prisoners of conscience and persons with certain religious beliefs.  The Expert said he was unsure how this was relevant to national security.  The Working Group on Arbitrary Detention had found cases of arbitrary detention where there had been restriction of freedom of religion, restrictions on access to legal counsel, and other inappropriate restrictions, and he asked for a comment on this.

Regarding the right to freedom of association, an Expert asked whether any of the restrictions to this right could be removed, and whether the Government was envisaging any law on the freedom of association.  According to information received, persons who spoke minority languages and other minorities were not allowed to participate in international fora, which was a matter of concern.  On the rights of indigenous peoples and minorities, had any of the rights that had been developed globally been recognised in Viet Nam, where there appeared to be a resistance to recognising indigenous peoples.  Did they benefit from the core rights existing in international law? 

Further clarification was requested on the conditions under which the Government interfered with the right to privacy by cutting telephone lines, interrupting cell phones and Internet services for political activists and their families.  Did the Government consider abolishing or amending relevant legislation, or providing more solid grounds for the registering of media users using real names and phone numbers, including those outside Viet Nam?

Responses by the Delegation

The delegation said the Criminal Code included a provision on the presumption of innocence, so defendants were considered to be innocent until found guilty by a legal decision by a court of Viet Nam.  Only the courts had the authority to declare somebody guilty, and there needed to be sufficient access to legal counsel.  If there was lack of evidence, then the court needed to declare a person innocent.  There were many mechanisms to oversee and monitor judges’ performance, and there were inspections of local and central courts, investigations of denunciations or allegations of violations, and disciplinary actions provided for in case these were substantiated.

Regarding elections, independent candidates needed to prepare a dossier and send their application to the local authorities, who would review it to make sure that it respected the law, after which they would send the dossier to the standing committee and the provincial election committee, as well as the National Election Council.  There was a stringent procedure for considering the application for election by independent candidates.  On restriction of the freedom of association, a recent decree had been enacted that created favourable conditions for associations without discrimination. There were no plans to introduce any other new laws, as the current legislation satisfied requirements.

On privacy, cybersecurity and freedom of expression and speech, Viet Nam’s policy was to have a healthy cyberspace that did not infringe upon the enjoyment of rights.  The cybersecurity of Viet Nam aimed to promote the use of the Internet whilst striking a balance between the rise of the country and the needs of the people, and had been developed on the basis of learning from experiences of other countries, in consultation with public and private bodies.  The cybersecurity law provided precise conditions in which there could be restrictions of access to the Internet, but this law did not hinder human rights and only related to cases where individuals violated the law. Cybersecurity did not hinder the use of the Internet unless it was to defend the Government.

The freedom of expression and of the press was not an absolute right and needed to be exercised in line with the law.  Registration was used to this end to protect the legitimate rights of all people and to develop a healthy Internet space.  The right to freedom and belief had been effectively supported over previous years, thanks to the implementation of a new law from 2018, the delegation said.

Given the characteristics of the people in question, Viet Nam did not use the term “indigenous people”, using instead the terms “ethnic minority” or “small minority”, the delegation said.  The guarantee of rights for ethnic minorities was a significant achievement, given the geographical structure of Viet Nam.  These people were facilitated in their access to their human and citizenship rights.

On arbitrary detention, the right to access to defence counsel was never limited for detainees.  Only the Prosecutor General had the power to make the decision to limit such access, but no cases of this were recorded.  On tax evasion, there were regulations on this all over the world, and penalties were imposed, and this could not be considered a punitive measure.

Closing Statements

THANH TỊNH NGUYỄN, Deputy Minister of Justice and head of the delegation, said Viet Nam appreciated the dialogue.  The delegation had engaged openly and sincerely, and aimed to provide all answers. Protection and promotion of human rights were the objective and result of a long struggle by many generations of Vietnamese people.  Human rights were a universal and global value, and their protection was a goal for all countries, but each country had a different mechanism to ensure these rights for citizens in line with its socio-economic situation.  Viet Nam worked to ensure the happiness of the people, which was the ultimate goal of its policies, and it had worked to this end to improve its legal system to ensure that people would be the beneficiaries of its policies.  Viet Nam remained steadfast in its aim to build a democratic, equitable and harmonious society, implementing sustainable social policies based on human rights for the people, who were placed at the heart of State policies.  Good laws also needed to be enforced and implemented to ensure positive results, and this was also the policy of the Government.  Viet Nam’s Government was committed to implementing the Covenant.

CHANGROK SOH, Committee Chairperson, expressed sincere gratitude to all those who had contributed to the dialogue.  Over the past two days, the dialogue had addressed key elements of the implementation of the Covenant.  The adoption of certain institutional safeguards to combat discrimination and to combat domestic violence was positive, but there were a number of remaining concerns requiring attention, including severe restriction on fundamental freedoms related to assembly, speech, and religion.  There were also credible allegations of torture and ill-treatment, and persistent challenges for vulnerable groups, including women and children, ethnic minorities, and lesbian, gay, bisexual, transgender and intersex persons.

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